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California Senate Gets Second Chance to Pass Prison Slavery Bill This Week

“One of the preliminary recommendations in our report was to support ACA 3,” said Los Angeles attorney Kamilah V. Moore, chairperson of Task Force. “The Task Force saw how that type of legislation aligns perfectly with the idea of reparations for African Americans.”

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Samuel Nathaniel Brown, at a Reparations Rally on June 12 at the state capitol in Sacramento, helped author ACA 3 while he was in prison. He was released in December 2021 after serving a 24-year sentence. (CBM photo by Antonio R. Harvey).
Samuel Nathaniel Brown, at a Reparations Rally on June 12 at the state capitol in Sacramento, helped author ACA 3 while he was in prison. He was released in December 2021 after serving a 24-year sentence. (CBM photo by Antonio R. Harvey).

By Antonio Ray Harvey, California Black Media

On June 23, the California Senate rejected a constitutional amendment to remove language in the state Constitution that allows involuntary servitude as punishment to a crime with a 21-6 vote.

The 13th Amendment of the United States Constitution, ratified in 1865, prohibits slavery and involuntary servitude with one exception: if involuntary servitude was imposed as punishment for a crime.

The state of California is one of nine states in the country that permits involuntary servitude as a criminal punishment.

Article I, section 6, of the California Constitution, describes the same prohibitions on slavery and involuntary servitude and the same exception for involuntary servitude as punishment for crime.

The number of votes cast in favor of Assembly Constitutional Amendment (ACA) 3, the California Abolition Act, fell short of the two-thirds vote requirement needed to move the bill to the ballot for Californians to decide its fate in the November General Election.

The Senate is expected to hold another floor vote on the legislation this week.

Sen. Sydney Kamlager (D-Los Angeles), who authored ACA 3 in 2021 while serving in the Assembly, said she focused the language in the bill on the slavery ban and vowed to bring it back for a vote when Sen. Steven Bradford (D-Gardena), chair of the California Legislative Black Caucus, asked her about it June 23.

“The CA State Senate just reaffirmed its commitment to keeping slavery and involuntary servitude in the state’s constitution,” Kamlager tweeted.

Jamilia Land, a member of the Anti-Violence Safety, and Accountability Project (ASAP), an organization that advocates for prisoners’ rights, said she remains committed to making sure slavery is struck out of the California constitution.

“All we needed was 26 votes,” Land said. “But we have made amendments to ACA 3 on (June 24). Now it could either go back to the Senate on (June 27) or Thursday, June 30.”

Five Republicans and one Democrat, Steve Glazer (D-Orinda), voted against the amendment.

He stated that the issue is “certainly a question worthy of debate” and “can be addressed without a constitutional amendment.”

“Slavery was an evil that will forever be a stain on the history of our great country. We eliminated it through the Civil War and the adoption of the 13th Amendment,” Glazer said in a June 23 statement. “Involuntary servitude — though lesser known — also had a shameful past. ACA 3 is not even about involuntary servitude — at least of the kind that was practiced 150 years ago. The question this measure raises is whether or not California should require felons in state or local jails prisons to work.”

Glazer said that the Legislative Counsel’s office gave him a “simple amendment” that involuntary servitude would “not include any rehabilitative activity required of an incarcerated person,” including education, vocational training, or behavioral or substance abuse counseling.

The Counsel also suggested that the amendment does not include any work tasks required of an incarcerated person that “generally benefit the residents of the facility in which the person is incarcerated, such as cooking, cleaning, grounds keeping, and laundry.”

“Let’s adopt that amendment and then get back to work on the difficult challenge of making sure our prisons are run humanely, efficiently and in a way that leads to the rehabilitation of as many felons as possible,” Glazer added.

Kamlager says “involuntary servitude is a euphemism for forced labor” and the language should be stricken from the constitution.

The state’s Department of Finance (DOF) estimated that the amendment would burden California taxpayers with $1.5 billion annually in wages to prisoners, DOF analyst Aaron Edwards told Senate the Appropriations Committee on June 16.

“These are facts that we think would ultimately determine the outcome of future litigation and court decisions,” Edwards said. “The largest potential impact is to the California Department of Corrections and Rehabilitation, which currently employs around 65,000 incarcerated persons to support central prison operations such as cooking, cleaning, and laundry services.”

Right before the Juneteenth holiday weekend, the appropriations committee sent ACA 3 to the Senate floor with a 5-0 majority vote after Kamlager refuted Edwards’ financial data.

This country has been having “economic discussions for hundreds of years around slavery, involuntary servitude, and indentured servants” and enslavement still exists in the prison system, Kamlager said. She also added that a conflict was fought over the moral issue of slavery.

“This bill does not talk about economics. It’s a constitutional amendment,” Kamlager said. “The (DOF) is not talking about any of this in this grotesque analysis about why it makes more sense for the state of California to advocate for and allow involuntary servitude in prisons. I think (this conversation) is what led to the Civil War.”

Three states have voted to abolish slavery and involuntary servitude — Colorado, Utah, and Nebraska — and in all three cases, the initiative was bipartisan and placed on the ballot by a unanimous vote of legislators, according to Max Parthas, the co-director of the Abolish Slavery National Network (ASNN).

ACA 3 is already attached to a report that addresses the harms of slavery. The Task Force to Study and Develop Reparation Proposals for African Americans issued its interim report to the California Legislature on June 1.

The report included a set of preliminary recommendations for policies that the California Legislature could adopt to remedy those harms, including its support for ACA 3. It examines the ongoing and compounding harms experienced by African Americans as a result of slavery and its lingering effects on American society today.

“One of the preliminary recommendations in our report was to support ACA 3,” said Los Angeles attorney Kamilah V. Moore, chairperson of Task Force. “The Task Force saw how that type of legislation aligns perfectly with the idea of reparations for African Americans.”

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Activism

An Inside Look into How San Francisco Analyzes Homeless Encampments

Dozens of unhoused people are camped at Sixth and Jesse streets in San Francisco’s South of Market neighborhood. Tents made of tarps and blankets, piles of debris, and people lounging alongside the allies and walls of businesses are seen from all angles. These are some of the city’s hotspots. City crews have cleared encampments there over 30 times in the past year, but unhoused people always return.

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Since the ruling of Grants Pass by the US Supreme Court earlier this summer, which allows cities the authority to ban people from camping or sleeping on the streets, San Francisco has been at the head of the conversation to crack down on encampments.
Since the ruling of Grants Pass by the US Supreme Court earlier this summer, which allows cities the authority to ban people from camping or sleeping on the streets, San Francisco has been at the head of the conversation to crack down on encampments.

By Magaly Muñoz

Dozens of unhoused people are camped at Sixth and Jesse streets in San Francisco’s South of Market neighborhood. Tents made of tarps and blankets, piles of debris, and people lounging alongside the allies and walls of businesses are seen from all angles.

These are some of the city’s hotspots. City crews have cleared encampments there over 30 times in the past year, but unhoused people always return.

But it’s normal to have tents set up again within less than 24 hours after an encampment sweep, David Nakanishi, Healthy Streets Operation Center Manager at the Department of Emergency Management, says. Sometimes there’s less people than before but often there is also no change.

“Most of the people that were in the encampments that want to go inside, we’ve gotten the majority of those [into shelter],” Nakanishi says. “Many of the people we encounter now, are those who have various reasons to not accept shelter, and some are already in shelter/housing”.

Since the ruling of Grants Pass by the US Supreme Court earlier this summer, which allows cities the authority to ban people from camping or sleeping on the streets, San Francisco has been at the head of the conversation to crack down on encampments.

Where neighboring cities in the Bay Area are clearing encampments a few days a week, San Francisco is sweeping 10 times a week, two per weekday.

David Nakanishi, Healthy Streets Operation Center Manager at the San Francisco Department of Emergency Management, makes a 311 report on an encampment in the Mission District. These reports allow smaller city teams to tackle individual spots where unhoused people frequent. Photo by Magaly Muñoz.

David Nakanishi, Healthy Streets Operation Center Manager at the San Francisco Department of Emergency Management, makes a 311 report on an encampment in the Mission District. These reports allow smaller city teams to tackle individual spots where unhoused people frequent. Photo by Magaly Muñoz.

Considering the controversy that plagues the city around its harsh policies, the Post decided to tag along on a ride with Nakanishi to show us how he decides what encampments make it on the city’s sweep list.

Nakanishi, having over 20 years of experience in homelessness management, drives around the busiest parts of the city almost daily. He’s tasked with arranging a weekly sweeping operation schedule for city teams to engage with unhoused folks to help get them off the streets.

So what exactly is he looking out for when deciding what encampments get swept?

It depends, he says.

Locations like schools, recreational centers, senior centers, or businesses are places he tends to want to address quickly, especially schools. These are the places where the complaints are highest and access to facilities is important for residents.

He says he also takes into account 311 calls and reports made to him by city staff. On the date of publication, over 100 calls and reports were made about encampments around the city, according to San Francisco data.

Makeshift structures built from plywood and tarps are starting to pop up more throughout the city. Certain areas under freeways are not under direct authority from San Francisco, making it harder to sweep these encampments. Photo by Magaly Muñoz.

Makeshift structures built from plywood and tarps are starting to pop up more throughout the city. Certain areas under freeways are not under direct authority from San Francisco, making it harder to sweep these encampments. Photo by Magaly Muñoz.

Nakanishi made a few 311 reports himself on the ride along, pulling over to take photos and describe the encampments into his 311 app. He says it helps him remember where to possibly sweep next or allows smaller teams in the city to engage quicker with individuals on the streets.

Nakanishi also looks at the state of the encampments. Are there a lot of bulky items, such as furniture, or makeshift structures built out of tarps and plywood, blocking areas of traffic? Is trash beginning to pile up and spill into the streets or sidewalks? Sites that meet this criteria tend to be contenders for encampment sweeps, Nakanishi says.

Street by street, he points out individuals he’s interacted with, describing their conditions, habits, and reasons for denying assistance from the city.

One man on 2nd St and Mission, who rolls around a blue recycling bin and often yells at passing pedestrians, has refused shelter several times, Nakanishi says.

People deny shelter for all kinds of reasons, he says. There’s too many rules to follow, people feel unsafe in congregate or shared shelters, or their behavioral and mental health problems make it hard to get them into proper services.

Inside a tent left by an unhoused man on Stevenson and 14th Street in San Francisco. The area smelled of human waste and leftover alcohol. Photo by Magaly Muñoz.

Inside a tent left by an unhoused man on Stevenson and 14th Street in San Francisco. The area smelled of human waste and leftover alcohol. Photo by Magaly Muñoz.

Nakanishi references another man on South Van Ness under the freeway, who city outreach have attempted to get into shelter, but his screaming outbursts make it difficult to place him without disturbing other people in the same space. Nakanishi says it might be an issue of the man needing resources like medication to alleviate his distress that causes the screaming, but the city behavioral team is in the process of outreaching him to figure that out.

In October, city outreach teams engaged with 495 unhoused people. 377 of those engaged refused shelter and only 118 accepted placements, according to city data. That number of monthly referrals is consistent throughout the entirety of 2024 so far.

Nakanishi has long advocated for the well-being of unhoused people, he explains. In 2004, he was working with the Department of Public Health and told then-Mayor Gavin Newsom that there needed to be more housing for families. Nakinishi was told it was easier to deal with individuals first and the city “will get there eventually.” 20 years later, family housing is still not as extensive as it could be, and the waiting list to get placements for families is a mile long with over 500 names.

In 2020, he was a Senior Behavioral Health Clinician at a hotel in the city during the pandemic. He says in 2021 he collaborated with DPH to provide vaccines to those staying in the makeshift hotel shelters once those became available.

Nakanishi strips apart a solo tent on Stevenson and 14th Street in San Francisco. He discards items, like tarps and cardboard, so that people cannot reuse them to make another sleeping structure. Photo by Magaly Muñoz.

Nakanishi strips apart a solo tent on Stevenson and 14th Street in San Francisco. He discards items, like tarps and cardboard, so that people cannot reuse them to make another sleeping structure. Photo by Magaly Muñoz.

Despite the constant media attention that city outreach is inhumanely treating homeless people, so much so that it has led to lawsuits against San Francisco from advocates, Nakanishi says not a lot of people are seeing the true conditions of some encampments.

He describes soiled clothing and tents, drenched in urine, and oftentimes rodents or bug infestations in places where people are sleeping. He’s asked homeless advocates- often those who are the most critical about the city’s work- who have shown up to observe the sweeps if those are conditions the city should allow people to be subjected to, but not many have answers for him, Nakanishi says.

The city’s “bag and tag” policy allows city workers to throw away items that are “soiled by infectious materials” such as bodily fluids and waste.

Sweep operations are conducted at 8am and 1pm Monday through Friday. People at the encampments are given 72 hour notice to vacate, but some don’t leave the area until the day of the sweep.

City outreach workers come out the day before and day of to offer resources and shelter to those interested. The Department of Public Works discards any trash that is left over from the sweep and washes down the area.

Nakanishi told the Post that the only time the city takes tents or personal possessions from residents is when folks become physically violent towards workers and police take the items as evidence. Other items taken are bagged and tagged in accordance with city policy.

Stories from local newspapers such as the San Francisco Standard and the Chronicle show instances of SFPD handcuffing residents while their items are thrown in the trash or disposing of personal possessions without reason.

Advocates have long been pushing for a more competent and compassionate process if the city is going to choose to continue sweeping unhouse people.

No matter the lawsuits and constant criticisms from allies, the encampment sweeps are not slowing down, even with the cold weather quickly approaching the coastal city.

Nakanishi says there aren’t a lot of large encampments left in San Francisco so now they do runs of streets in order to stretch out the sweeps as much as possible.

It’s calculated strategies and years of first hand knowledge that make this job work, “It takes dedication to the work, caring for the people and the community, and persistence, patience and sometimes good luck to make the positive changes for the people on the street,” Nakanishi says.

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Activism

Oakland Post: Week of November 13 – 19, 2024

The printed Weekly Edition of the Oakland Post: Week of November 13 – 19, 2024

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LIVE! — TOWN HALL ON RACISM AND ITS IMPACT — THURS. 11.14.24 5PM PST

Join us for a LIVE Virtual Town Hall on the Impact of Racism hosted by Post News Group Journalist Carla Thomas and featuring Oakland, CA NAACP President Cynthia Adams & other Special Guests.
Thursday, November 14, 2024, 5 p.m. – 6:30 p.m. PST

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Join us for a LIVE Virtual Town Hall on the Impact of Racism hosted by Post News Group Journalist Carla Thomas and featuring Oakland, CA NAACP President Cynthia Adams & other Special Guests.
Thursday, November 14, 2024
5 p.m. – 6:30 p.m. PST

Discussion Topics:
• Since the pandemic, what battles have the NAACP fought nationally, and how have they impacted us locally?
• What trends are you seeing concerning Racism? Is it more covert or overt?
• What are the top 5 issues resulting from racism in our communities?
• How do racial and other types of discrimination impact local communities?
• What are the most effective ways our community can combat racism and hate?

Your questions and comments will be shared LIVE with the moderators and viewers during the broadcast.

STREAMED LIVE!
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YOUTUBE: youtube.com/blackpressusatv
X: twitter.com/blackpressusa

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